C.Anbu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.10.2022 Coram The Honourable Mr.Justice M.DHANDAPANI C.Anbu
...Petitioner
Versus
1.The District Collector, Dharmapuri District.
2.The Tahsildar, Harur Taluk Office, Harur, Dharmapuri District.
3.The Inspector of Police, Kottapatti Police Station, Dharmapuri District.
4.The Village Administrative Officer, Velanur Village, Harur Taluk, Dharmapuri District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the second respondent to consider the representation dated 21.06.2022 towards e-application 1/6
No.2022/0105/05/174503 and e-challan Nos.20220530007142 and 20220610001161, duly acknowledged during Jamabandhi by second respondent as petition No.159, dated 21.06.2022. For Petitioner :
Mr.P.Srinivasan For Respondents :
Mr.U.Bharanidharan, Additional Government Pleader
O R D E R
Mr.U.Bharanidharan, learned Additional Government Pleader takes notice for the respondents. With the consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.
2. The relief sought in this writ petition is to direct the second respondent to consider the petitioner's representation dated 21.06.2022 towards e-application No.2022/0105/05/174503 and e-challan Nos.20220530007142 and 20220610001161, duly acknowledged during Jamabandhi by second respondent as petition No.159, dated 21.06.2022.
3. The case of the petitioner is that his parents had settled the punja lands comprised in S.No.293/6, 293/9, 253/3A & 253/3B1 measuring to an 2/6
extent of 26 cents out of Hect. 0.31.0, 78 cents out of Hect. 0.91.0, 58 cents out of Hect. 0.23.5 Ares and 2.5 cents respectively situated at Naikuththi Village, Velanur, Harur Taluk, Dharmapuri District in his favour vide Settlement Deed dated 21.07.2008 which was registered as Document No.2543 of 2008 on the file of Sub Registrar Office, Harur. He has been in possession and enjoyment of the said properties, from the date of execution of the said Settlement Deed. The petitioner has Joint Patta bearing No.777 in respect of lands in S.No.293/6 & 293/9 and Individual Patta bearing No.149 in respect of lands in S.No.253/3A & 253/3B1. 3.1. While so, the adjacent land owners have removed the boundary stones in aforesaid lands of the petitioner and encroached into the same.
Since there was a misunderstanding over the boundary line, the petitioner requested the second respondent to measure the aforesaid lands and earmark it by metes and bounds. Since the lands in S.No.293/6 & 293/9 are in a Joint Patta No.777, the petitioner vide e-application No.2022/0105/05/174503 dated 27.05.2022, requested for issuance of separate Patta and vide e-challan No.20220530007142 dated 30.05.
in all sides. Similarly, vide e-challan No.20220610001161 dated 10.06.2022, he requested the second respondent to measure his lands in S.Nos.253/3A & 253/3B1 by metes and bounds and lay boundary stones. Further, he wrote request letters dated 30.05.2022 & 10.06.2022 to the second respondent, seeking to give protection to him while measuring his lands comprised in S.No.293/6, 293/9, 253/3A & 253/3B1, for which, he paid necessary fees to the second respondent. 3.2. Though the petitioner approached the respondents 2 & 4 for several times in this regard, they did not respond properly. So, during Jamabandhi, he gave a representation dated 21.06.2021 to the second respondent, requesting to measure his lands by metes and bounds and lay corner stones and issue him an individual Patta to his lands in S.No.293/6 & 293/9. However, the second respondent has not yet considered the petitioner's representation. Therefore, left with no other alternative, the petitioner has filed the present writ petition for the reliefs stated supra.
4. Heard the learned counsel on either side and perused the materials placed before this Court.
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5. Considering the limited relief sought by the petitioner in this writ petition, this Court, without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 21.06.2022 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs.
19.10.2022 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 5/6
M.DHANDAPANI, J.
mrr Copy to 1.The District Collector, Dharmapuri District.
2.The Tahsildar, Harur Taluk Office, Harur, Dharmapuri District.
3.The Inspector of Police, Kottapatti Police Station, Dharmapuri District.
4.The Village Administrative Officer, Velanur Village, Harur Taluk, Dharmapuri District.
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